TERMS AND CONDITIONS
TERMS AND CONDITIONS OF WATERCRAFT RENTAL AGREEMENT
These Terms and Conditions (“Terms”) are entered into as part of the Watercraft Rental
Agreement between Dakota Thrill Rentals LLC (“Company”) and the undersigned (“Renter”).
These Terms become effective upon signature by both parties and govern the rental of personal watercraft, including any associated trailers or equipment.
1. Rental
Renter agrees to rent a watercraft (“Watercraft”) from Dakota Thrill Rentals LLC, as described
in the rental agreement. The rental is subject to these Terms.
2. Acknowledgment of Risk
Renter acknowledges that operating watercraft carries inherent risks, including, but not limited to, injury, drowning, property damage, or death. Renter voluntarily accepts all such risks and agrees to operate the Watercraft responsibly.
3. Non-Warranty
Dakota Thrill Rentals LLC does not guarantee:
A. Water or weather conditions,
B. The physical readiness of users,
C. The adequacy of any instructions provided.
4. General Operating Rules
a) Operators must be 18+ with a valid driver’s license.
b) Hands must remain on the controls and all riders must stay seated.
c) Watercrafts are limited to three (3) riders or 485 lbs (220 kg).
d) Ride according to your skill level.
e) No sharp turns, wave jumping, or stunts.
f) Avoid grounding the Watercraft or hidden underwater obstacles.
g) Maintain at least 250 feet from docks, swimmers, and other watercraft.
h) No splashing or spraying others.
i) Rollover inspections incur a $50 fee.
j) Report all damages immediately.
k) No wake zones must be respected.
l) No racing, contests, or towing of persons or other objects.
m) Do not leave the Watercraft or keys unattended.
n) Follow all posted safety rules and staff instructions.
o) No tampering or disassembling Watercraft.
p) No refunds for early returns.
q) You are responsible for all damages caused.
r) Overtime charges are $2 per minute if returned late.
s) Renter agrees that any damage to the Watercraft, equipment, or trailer will result in a flat damage fee of $500, plus the full cost of any necessary repairs. Renter remains liable for
any damage costs.
5. Minimum Age
All renters must be at least 18 years old. If under 18, a parent or guardian must co-sign the agreement and accept full responsibility.
6. Authorized User
Renter may name one (1) additional operator (“Authorized User”) subject to prior approval by Dakota Thrill Rentals LLC. The Authorized User must also sign the agreement and abide by all terms
7. Prohibited Substances
Use or possession of alcohol, marijuana, narcotics, or illegal substances before or during rental is strictly forbidden and will result in termination of the rental without refund.
8. Weather Policy
No refunds will be issued due to inclement weather unless explicitly stated in Company policies.
9. Liability Release & Indemnification
Renter agrees to:
A. Assume all risks related to Watercraft use.
B. Release and hold harmless Dakota Thrill Rentals LLC and its owners, employees, agents, and affiliates from all claims, including those based on Company’s negligence.
C. Indemnify the Company for legal fees and damages arising from use of the Watercraft.
D. Be responsible for personal property loss or theft.
E. Be liable for injuries to guests or third parties due to Renter’s negligence.
F. Accept mutual liability where the Company is directly negligent (e.g., defective equipment).
10. Venue Liability
Renter agrees to release and hold harmless any third-party venue (such as a marina or resort) used by Dakota Thrill Rentals LLC under the same terms as above.
11. Default
If Renter defaults in any obligation under these Terms, including the improper use or care of the Watercraft, the result will be forfeiture of rental payments, deposit, and access to the Watercraft. Additionally, any damages will incur a flat fee of $500, plus actual repair costs unless covered by insurance.
12. Renter’s Representations
a) Renter affirms sufficient liability and damage insurance coverage, and accepts full responsibility for bodily injury or property damage caused during the rental. If insurance coverage is insufficient, Renter agrees to pay a $500 flat damage fee and all related repair costs out of pocket.
b) Renter is physically capable of participation.
c) Watercraft will be returned in good condition.
d) No towing of items from the Watercraft, Renter is responsible for safe transport and compliance with all laws.
e) Renter acknowledges they may be waiving certain legal rights by signing.
f) Renter acknowledges and agrees that they are fully and personally liable for all damages to the Watercraft, injuries, death, or any other incidents or losses that occur during the rental period. Renter accepts full financial responsibility for any claims, medical expenses, legal
actions, or property damage arising from their rental, regardless of fault
13. Included Items
Rental includes fuel and life jackets (sizes S–XL). It is the Renter’s responsibility to ensure proper fit and use.
14. Life Jackets
All riders must wear life jackets at all times. Failure to do so releases Dakota Thrill Rentals LLC from any related liability.
15. Access Rights
Renter grants Dakota Thrill Rentals LLC the right to access the Watercraft for delivery, pick-up, or repossession. Renter may not sublease or allow unauthorized use.
16. Emergencies
For emergencies, call 911. For non-urgent operational issues, contact Dakota Thrill Rentals LLC at [605-520-2030].
17. Use of Photos
Renter authorizes Dakota Thrill Rentals LLC to use photos/videos of their rental experience for marketing or promotional purposes.
18. Severability
If any provision of this agreement is held invalid, the rest shall remain in effect.
19. Binding Effect
These Terms are binding on the Renter, the Company, and their respective heirs, successors, and assigns.
20. Acknowledgment
Renter affirms they have read, understood, and voluntarily agreed to these Terms and the Rental Agreement.
21. Governing Law
This Agreement is governed by the laws of the State of South Dakota, with exclusive jurisdiction in South Dakota courts.
Owner:_______________________________
Date:_____________________________
Operator(s):__________________________
Date:______________________________
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